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2025 Supreme(Online)(Raj) 14530

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SUNIL BENIWAL
SD PHARMACY COLLEGE – Appellant
Versus
RAJASTHAN UNIVERSITY OF HEALTH SCIENCES – Respondent
CW / 7998 / 2025



[2025:RJ-JD:50829]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7998/2025 SD Pharmacy College, Khajuwala, Bikaner Through Secretary Of Swami Dayanand Shiksha Evam Vikas Sansthan, Khajuwala, Bikaner (Rajasthan) Daleep Singh Delu S/o Shri Bhoop Ram Delu, Aged About 50 Years, Ward No. 5, Sai Colony, Beriyawali, Bikaner (Rajasthan)

----Petitioner Versus

1. Rajasthan University Of Health Sciences, Jaipur (Rajasthan), Through Its Registrar

2. Controller Of Examination, Rajasthan University Of Health Sciences, Jaipur (Rajasthan).

----Respondents For Petitioner(s) : Mr. J.P. Bhardwaj.

For Respondent(s) : Mr. Arpit Yoganandi for Mr. Kuldeep Vaishnav.

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

Conclusion of Arguments &

Reserved on : 20/11/2025 Pronounced on : 02/12/2025

1. This writ petition has been filed by the petitioner with the following prayer :-

“It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to :

(a) Direct the respondents to accept the examination forms of the students provisionally enrolled pursuant to order dated 06.05.2025 (Annexure- 7) and permit them to appear in the forthcoming examinations;

AND/OR (b) Pass such other and further orders as may be deemed just and proper in the facts and circumstances of the case.”

2. The facts, in nutshell, as narrated in the present writ petition, are that the petitioner-Institute obtained approval from Pharmacy Council of India (‘PCI’) on 04.09.2024 (Annex.-2) for annual intake of 60 seats qua academic sessions 2022-2023, 2023-2024 and 2024-2025 for D. Pharmacy Course. Subsequently, petitioner applied for affiliation with Rajasthan University of Health Sciences (‘RUHS’) and the same was granted on 21.12.2024 (Annex.-3) for D. Pharmacy Course with an intake capacity of 60 seats.

2.1 Vide notification dated 24.03.2025 (Annex.-4), the online enrollment applications was invited by RUHS and 03.04.2025 was fixed as the last date to submit the said applications through online portal. The petitioner was not aware about the opening of said portal and it is only on 01.04.2025 that it came into petitioner’s knowledge, however, it could not upload the details of students by the last date due to technical glitch on the portal of the respondent-University and therefore, submitted a representation through email on 04.04.2025 alongwith the list of students whose details could not be uploaded.

2.2 Since, no reply was received by the petitioner from the respondent-University, the present writ petition has been filed wherein the grievance of the petitioner-institute is with regard to the non-submission of details of students on the portal on time due to technical glitch.

3. Learned counsel for the petitioner submitted that second stay application has been preferred for seeking direction that the respondents be directed to accept the examination form of the students provisionally enrolled pursuant to the first interim order dated 06.05.2025 and may be allowed to appear in the forthcoming examination.

3.1 During course of arguments, learned counsel for the petitioner has shown the time schedule of the examination which is said to have commenced from 20.11.2025. While arguing the second stay application as well as writ petition, learned counsel for the petitioner submitted that the last date of uploading the names of the students for the purpose of enrollment on the portal of University was 03.04.2025. Due to a technical glitch, the names of the students could not be uploaded. The petitioner–Institute immediately informed the respondent–University through email on the very next day, i.e. 04.04.2025, however, the grievance of the petitioner-Institute was not redressed. He further submits that the petitioner-Institute cannot be held responsible for such technical glitch and appropriate directions are required to be issued to the respondent–University to enroll the students admitted by the petitioner and may further be allowed to appear in the upcoming exam

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